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Court says pot question can go forward, but rewords title

Voters to weigh in on legalizing small amounts of recreational marijuana

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Updated: 12:37 PM EDT Jul 6, 2016

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Court says pot question can go forward, but rewords title

Voters to weigh in on legalizing small amounts of recreational marijuana

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Updated: 12:37 PM EDT Jul 6, 2016

BOSTON —

Massachusetts' highest court on Wednesday cleared the way for a November ballot question on legalizing small amounts of recreational marijuana, but it ordered changes in the wording of the question's title and the brief statement that explains the measure to voters.

The justices, in a unanimous opinion, said the current title and statement were "clearly misleading," though otherwise found no reason to disqualify the proposal from the ballot.

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The ruling came just hours before supporters of legalized pot planned to turn in the necessary voter signatures to the secretary of state to assure a spot on the ballot.

The Supreme Judicial Court heard two lawsuits last month, one of which argued that tens of thousands of people who signed petitions supporting legalization were misled because they were not told on the petitions that the proposed law could allow the sale of products with high concentrations of THC, the psychoactive chemical in marijuana, in food such as cookies and candy.

The court said it was disappointed that Attorney General Maura Healey did not prepare a summary for the petitions that included a reference to edible marijuana products that could be sold in Massachusetts. But it ruled that the summary was nonetheless fair, and rejected other arguments that the question was unconstitutional as framed.

Healey ruled last year that the initiative petition passed constitutional muster, though she personally opposes legalizing recreational marijuana.

The measure would allow people 21 or older to possess up to 1 ounce of pot for recreational use and impose a 3.75 percent excise tax on retail marijuana sales, on top of the state's 6.25 percent sales tax. A state cannabis commission would be created to regulate the drug.

"The court issued a victory for the voters of Massachusetts today, assuring that their voices will be heard on the issue of legalizing, regulating and taxing marijuana, an approach that is working in Colorado and other states and will work in Massachusetts," said Jim Borghesani, a spokesman for the Campaign to Regulate Marijuana Like Alcohol.

The justices said they agreed with the plaintiffs that the current title of the question and the so-called 'yes or no' statement that provides voters with brief arguments for and against the measure were flawed, and took the unusual step of drafting new language for both.

Ruling it would be "unfair and clearly misleading" to call the measure simply "Marijuana Legalization," the SJC ordered the title changed to "Legalization, Regulation, and Taxation of Marijuana."

Several changes were ordered in the wording of the "yes" statement, the most significant of which the court said would make clear to voters that the proposed law would not only legalize small amounts of marijuana but products - including food - that contain marijuana concentrate.

Oregon, Washington, Alaska and the District of Columbia have also legalized recreational marijuana.

The SJC on Wednesday also rejected a legal challenge brought against another likely November ballot question, one that would prohibit overly-restrictive cages for farm animals, and prohibit the sale in Massachusetts of eggs and other food products that come from out-of-state farms that confine animals in such a way.